Terms of Service

1. Acceptance of Terms

By accessing the Swift Surge website at swiftsurge.autos, submitting an inquiry, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.

These terms apply to all visitors, users, and clients who access or use the website or services. If you do not agree with any part of these terms, you must discontinue use immediately. We reserve the right to update or modify these terms at any time, and continued use after changes constitutes acceptance of the revised terms.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply:

• Swift Surge, we, us, our refers to Shaanxi Chuangchaoyangfeng Network Technology Co., Ltd., the operator of swiftsurge.autos and provider of services described herein.
• Services refers to the computer systems design, integration, managed operations, consulting, and any other professional services offered by Swift Surge.
• Client, you, your refers to the individual or entity accessing our website or engaging our services.
• Website refers to swiftsurge.autos and all associated pages and content.
• Agreement refers to these Terms of Service together with any applicable service order, statement of work, or master services agreement executed between Swift Surge and a client.
• Confidential Information means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or reasonably should be understood to be confidential under the circumstances.

3. Description of Services

Swift Surge provides professional computer systems design and integration services, including but not limited to:

• Systems architecture planning and design
• Platform integration and API development
• Cloud and hybrid infrastructure deployment and management
• Security architecture and compliance implementation
• Managed operations, monitoring, and incident response
• Technical consulting and advisory services

The specific scope, deliverables, timelines, and fees for each engagement will be defined in a separate service order, statement of work, or master services agreement executed by both parties. These Terms of Service govern the general relationship, while the specific engagement documents govern the particular project.

4. Client Obligations

As a condition of using our services, you agree to:

• Provide accurate, complete, and current information during the engagement process
• Cooperate reasonably with Swift Surge in the performance of services, including providing timely access to relevant systems, personnel, and information
• Maintain the confidentiality of any access credentials, API keys, or authentication tokens provided during the engagement
• Comply with all applicable laws and regulations in your use of our services
• Not use our services for any unlawful purpose or in violation of any applicable regulations
• Obtain and maintain any necessary licenses, consents, or permissions required for your use of our services

Failure to meet these obligations may result in service delays or termination. Swift Surge shall not be liable for delays or performance issues caused by client non-compliance with these obligations.

5. Intellectual Property

Swift Surge Intellectual Property. All methodologies, tools, frameworks, software libraries, documentation templates, architectural designs, and other intellectual property developed by Swift Surge prior to or independently of a client engagement, as well as any improvements, modifications, or enhancements to such pre-existing IP, remain the sole and exclusive property of Swift Surge. This includes any proprietary technology, automation scripts, monitoring frameworks, and internal processes used in the delivery of services.

Client Intellectual Property. Any intellectual property provided by the client to Swift Surge for the purpose of performing services remains the property of the client. This includes source code, data sets, business logic, and any other materials owned by the client.

Deliverables. Upon full payment of all fees due, and subject to the terms of the applicable service agreement, the specific deliverables created exclusively for the client during the engagement shall be licensed to the client for internal business use. Swift Surge retains the right to use general knowledge, skills, and experience gained during the engagement for future projects, provided that no client Confidential Information is disclosed.

6. Fees and Payment

Fees for services will be as set forth in the applicable service order or statement of work. Unless otherwise agreed in writing, payment terms are as follows:

• Invoices are due within thirty (30) calendar days from the invoice date, unless alternative terms are specified in the service order
• Late payments shall accrue interest at a rate of one and a half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower
• All fees are exclusive of applicable taxes, duties, or similar governmental charges, which shall be paid by the client
• Swift Surge reserves the right to suspend services for accounts that are more than thirty (30) days past due

Any disputed charges must be raised in writing within fifteen (15) days of the invoice date. Disputes do not excuse timely payment of undisputed amounts.

7. Confidentiality

Both parties agree to maintain the confidentiality of any Confidential Information disclosed during the course of the engagement. Each party shall:

• Use Confidential Information solely for the purpose of performing obligations under the agreement
• Protect Confidential Information using the same degree of care used to protect its own confidential information, but in no event less than reasonable care
• Limit access to Confidential Information to those employees and contractors who have a need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein
• Return or destroy all Confidential Information upon termination of the agreement, at the disclosing party’s request

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party’s possession before disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) is required to be disclosed by law, provided that the receiving party gives prompt notice to the disclosing party.

8. Warranties and Disclaimers

Services Warranty. Swift Surge warrants that services will be performed in a professional and workmanlike manner, consistent with industry standards. If a client reasonably believes that delivered services do not meet this standard, they must notify Swift Surge in writing within fourteen (14) days of delivery. Swift Surge will, at its option, either re-perform the non-conforming services or provide a credit for the fees paid for such services.

Disclaimer. Except as expressly stated in these terms, Swift Surge provides the website and services on an as-is and as-available basis, without any warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Swift Surge disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Swift Surge does not warrant that the services will be uninterrupted, error-free, or that all defects will be corrected.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Swift Surge, its directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or business interruption, arising out of or in connection with these terms or the services, whether based on contract, tort, negligence, strict liability, or otherwise, even if Swift Surge has been advised of the possibility of such damages.

Swift Surge’s total aggregate liability arising out of or relating to these terms or the services, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the client to Swift Surge in the twelve (12) month period preceding the event giving rise to the claim. This limitation is fundamental to the parties’ agreement and applies even if the limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, liability shall be limited to the fullest extent permitted by applicable law.

10. Indemnification

The client agrees to indemnify, defend, and hold harmless Swift Surge, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• The client’s use of the services in violation of these terms or applicable law
• The client’s violation of any rights of a third party, including intellectual property rights
• Any data, content, or materials provided by the client that infringe or misappropriate any third-party right

Swift Surge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the client, in which case the client shall cooperate fully with Swift Surge in asserting any available defenses.

11. Termination

Termination for Convenience. Either party may terminate an engagement by providing thirty (30) days written notice to the other party. In such event, the client shall pay for all services performed and expenses incurred up to the effective date of termination.

Termination for Cause. Either party may terminate an engagement immediately upon written notice if the other party: (a) materially breaches any provision of these terms or the applicable service order and fails to cure such breach within fifteen (15) days of receiving written notice; (b) becomes insolvent, files for bankruptcy, or is subject to similar proceedings; or (c) engages in conduct that could materially harm the other party’s reputation or business.

Effect of Termination. Upon termination, the client shall pay all outstanding fees. Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law shall survive termination.

12. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of law principles. Any dispute arising out of or relating to these terms or the services shall first be referred to informal negotiation between the parties. If the dispute cannot be resolved within thirty (30) days of one party notifying the other in writing, the dispute shall be finally resolved by binding arbitration administered in Xi’an, Shaanxi Province, in accordance with the rules of the China International Economic and Trade Arbitration Commission.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights or Confidential Information. Each party irrevocably submits to the jurisdiction of the courts of Xi’an, Shaanxi Province for such purposes.

13. Changes to These Terms

Swift Surge reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to swiftsurge.autos, with the date of the most recent revision indicated at the top of this page. Your continued use of the website or services after changes are posted constitutes your acceptance of the modified terms. We encourage you to review these terms periodically.

If we make material changes to these terms, we will provide notice through our website or by email to registered users. Material changes shall not apply retroactively.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

Swift Surge
c/o Shaanxi Chuangchaoyangfeng Network Technology Co., Ltd.
No. 621, Xinhua Bookstore, Yongfeng Village, Yongle Town
Jinghe New City, Xixian New District
Xi’an City, Shaanxi Province, 710000
China

Email: vas-us@swiftsurge.autos
Phone: +1 (934) 949-5283